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National Parks Conservation Association v. Semonite

ELR Citation: 49 ELR 20181
Nos. 1:17-cv-01361-RCL, (D.D.C., 11/08/2019) (Lamberth, J.)

A district court upheld the U.S. Army Corps of Engineers' approval of a permit for an already-constructed 17-mile transmission line after the D.C. Circuit found that the Corps had failed to prepare an EIS for the line in violation of NEPA. The court found that vacatur was not appropriate because revoking the permit, and thus requiring the line to be removed, would lead to seriously disruptive and harmful consequences, such as rolling blackouts in the region and significant monetary waste, and the negative effects of keeping the line in place while the Corps conducted its EIS did not outweigh these harms. It therefore remanded without vacatur to the Corps to complete the EIS in accordance with the D.C. Circuit's prior ruling.